By: Homer H.B. No. 4518
A BILL TO BE ENTITLED
AN ACT
relating to district court cases that may be considered by judges of
constitutional county courts located within the 76th Judicial
District and 276th Judicial District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.178, Government Code, is amended by
adding Subsection (f) to read as follows:
(f)(1) The judges of the 76th judicial district court and a
constitutional county court located within the 76th judicial
district may enter into a written agreement for the constitutional
county court judge to consider guilty pleas in felony cases,
default judgments, civil and family law cases which are uncontested
and in which a final judgment will be entered, and civil and family
law cases in which an agreed final judgment will be entered, all of
which are within the jurisdiction of the 76th judicial district
court, provided that:
(A) the county has no county court at law, the
constitutional county court retains original misdemeanor
jurisdiction, and specific statutory authority is granted to the
constitutional county court judge to consider such cases; and
(B) the presiding judge of the constitutional
county court is a lawyer who is licensed to practice law in this
state and who meets the qualifications for holding the office of
district judge in this state.
(2) The written agreement may provide that final
judgments be approved by the judge of the 76th judicial district
court.
(3) When presiding over the cases authorized by this
section, the constitutional county court judge shall have the same
judicial immunity as the district judge.
(4) All pleadings, documents, records, and other
papers in the cases shall remain under the control of the district
clerk, and the district clerk may establish a separate docket for
the cases that will be considered by the constitutional county
court judge.
SECTION 2. Section 24.453, Government Code, is amended by
adding Subsection (f) to read as follows:
(f)(1) The judges of the 276th judicial district court and a
constitutional county court located within the 276th judicial
district may enter into a written agreement for the constitutional
county court judge to consider guilty pleas in felony cases,
default judgments, civil and family law cases which are uncontested
and in which a final judgment will be entered, and civil and family
law cases in which an agreed final judgment will be entered, all of
which are within the jurisdiction of the 276th judicial district
court, provided that:
(A) the county has no county court at law, the
constitutional county court retains original misdemeanor
jurisdiction, and specific statutory authority is granted to the
constitutional county court judge to consider such cases; and
(B) the presiding judge of the constitutional
county court is a lawyer who is licensed to practice law in this
state and who meets the qualifications for holding the office of
district judge in this state.
(2) The written agreement may provide that final
judgments be approved by the judge of the 276th judicial district
court.
(3) When presiding over the cases authorized by this
section, the constitutional county court judge shall have the same
judicial immunity as the district judge.
(4) All pleadings, documents, records, and other
papers in the cases shall remain under the control of the district
clerk, and the district clerk may establish a separate docket for
the cases that will be considered by the constitutional county
court judge.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.